- (1.) This arbitration petition for interim measure has been heard pursuant to hearing and record made of it in order dated 19th June, 2019. Reproducing contents of that order would be convenient. "Mr. Khairul, learned advocate appears on behalf of respondent no.1 and submits, he wants to file his vokalatnama but he must file in the department.
(2.) He draws attention to paragraph 7 in the petition which is reproduced below:- "7. Thereafter the Respondent paid only 15th installment and a part of the 16th installment to the Petitioner and in spite of repeated demands, the Respondents have failed, neglected and/or deliberately refused to make the balance payment 16th installment and arrears of 17th to 34th installments which fell due from February 8, 2015 to July 8, 2016. However it is pertinent to mention here that the said agreement expired by efflux of time as the last payment was made on July 8, 2016." He submits, 16th instalment was due before February, 2015 and the 17th to 34th instalments were not paid. 17th instalment fell due on 8th February, 2015 while the notice terminating the agreement was issued as late as on 18th May, 2018 and as such a bid at extortion.
(3.) This is a petition for interim measure unlike one for appointment of Arbitrator where the only question relates to existence of arbitration agreement. Court has before it pleading of petitioner, which goes to show termination of agreement was made more than three years after breach of its terms. Petitioner has liberty to seek reference of dispute and take the entire matter before the Tribunal. List on 24th June, 2019.";